교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is reasonable to deem that, if the defendant did not neglect his duty of care while driving a vehicle, he could sufficiently find the victim and prevent the instant traffic accident. Therefore, the lower court erred by misapprehending the legal doctrine on the duty of care in the course of performing his duties.
2. On the grounds indicated in its reasoning, the lower court found the Defendant not guilty on the grounds that the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant was not aware of the victim due to his/her negligence in general duty of care as a driver of a vehicle, and that there is no other evidence supporting the facts charged in the instant case
In full view of the circumstances revealed by the court below, the evidence duly adopted and examined by the court below and the following circumstances acknowledged by the records of this case, namely, ① the victim was under the color system at the time of the accident of this case, and considering the time when the accident of this case occurred and the brightness at the time of the accident site, it appears that the defendant was difficult to identify the victim of the above uniforms, and ② the defendant was working normally without violating the speed limit or signal signal at the time of the accident of this case, the above judgment of the court below is just and it is not erroneous in the misapprehension of legal principles, and thus, the prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.